The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1887-10-26
THE ANARCHIST CASE
Justice Harlan Directs the Counsel TO Apply
10 the Full Court
The Application Made and the Points in
the Piea-oaestioeed By the Justices
Nothing Settled Yet.


was the hour set for the hearing of an APP
plicati0n for writ OF error in the Chicago
Anarchist cases the conference room OF
the United States Supreme Court in the
basement OF the Capitol was uncomfOrta-
bly, crowded with lawyers and newspaper
men, who were waiting to hear the pro-
ceediDgs. John Randolph Tucker, Gener-
al Pryor, General 3. F. Butler, Captain
Black and all Of the other counsel for the
condemned prisoners were present, and in
whispered COZ s1ltation, but at half past
ten neither Justice Harlan nor the record
in the cases had arrived. Five minutes
later, however, two men came in carrying
with difficulty large, blue, Uncovered
trunk, corded with half-inch rope, which
contained the yoluminous record, and I'M
der the weight of which the bearers Wis
IDLY staggered.
at 1910, Mr.. Justice Harlan entered the
conference room, and after greeting the
counsel and directing that all newspaper
men be allowed to come in and take such
places as best fitted their convenience
be seated himself at his desk and called
for attention. AS soon as the room had
become quiet, Justice Harlan, without
waiting for any formal motion or applica-
tion from the prisoners counsel, said
with slow, deliberate enuncistion:
This is an application. for q writ OF error to
bring up Tor review by the Supreme Court OF
the United States Judgment OF the Supreme
Court Of the state OF Illinois. involving the lib
eIty OF one of the petitioners and the lives OF the
Others. The time fixed for executing the SEN
tenee OF death is, am informed, the llth day
Of November.
Under the circumstances ii is my duty to ia
eilitste an early decision OF any question in the
case OF which the Supreme Court OF the United
States may properly take cognizance. II should
counsel would have TO repeat before that cou,t
the argument which they propose nov to make
before me. ON the Other hand II l should re-
fuse the witt the defendants would be at liber-
" ~ renew their application be fore any other
justice of the supreme Court, and as human life
and liberty are Involved, that justice might feel
the Wrlt, to look into the case and determine Tor
himself whether & writ OF error should be a.
lowed. ii he also refused, the defendants could
take the papers to some other member OF the
court, and so on until each justice had been ap
piled to or until some justice granted the writ.
In this way il is manifest that delays might Oc-
cur that would be very embarrassing in view OF
the short time intervening between this and the
date fixed for carrying into effect the judgment
Of he State court.
AS the case is one OF very serious character
in whatever aspect il may be regarded, deem
il proper to make an offer, which now do, that
counsel present this application to the court in
in open session to the end that early and insl
action may be had upon the question whether
that court has Jurisdiction to review the judg.
ment in this case. There is no reason why ii
NAV not be presented to the court at It's session
is made 10 the court pursuant 70 my direction.
IN THE SUPREME COURT.
WASHINGTON, October 2l.-When the
United States Supreme court re-assembled
to-day ten minutes after the usual hour,
the court room was crowded with people
waiting snxiously to hear the petition for
o writ OF error IN the casee OF the Chicago
Anarchists, which it was known would be
made TO the full court in compliance with
81.
candidates for admission to the bar had
been disposed Of Gen. Pryor, of Counsel of
the condemned Anarchists, rose and ad-
dressed the court in support of the petit
ton for a writ OF error. After reciting
briefly the history of the case and
stating that seven of the prisoners
were now under sentence of death,
Mr.. Pryor said he would call the
attention of the court to only two points
which he relied upon 10 show that the
case at the bar presented Federal questions,
and that such questions empowered this
court to take jurisdiction of 1t and to
grant the writ of error prayed for. The
FIRST of these points related, he said, to the
Jury by which the prisoners were tried.
The Legislature of the State of Illinois
passed in March, 1874, that is, after the
adoption of the Fourteenth Amendment
to the Constitution, a law to regulate and
govern the empanelment OF juries in the
State Courts By virtue Of that law Jury
for trial of a criminal case. might be made
up in part at least Of jurors who had
formed an opinion with regard TO the
guilt or innocense of the persons accused :;
Jurors who we're partial, and even pre-
JUDGED men. The law made it possible to
put into the jury box men who had formed
an opinion ss to the prisoners guilt which
could not be removed, except by strong
evidence. This, he believed had been done
in the case under consideration and the
petitioners asserted that this statute and
and the effect given to il in the courts be-.
low had deprived them of their rights and
was about to deprive them o. their lives
without the "due process of law" guar.
anteed by the Federal constitution.
What is that statute, Mr.. Prior?" in
quired the chief. justice.
THE STATE ACT IN QUESTION.
Mr.. Pryor sent to the chief Justice and
then read aloud that part of the Act OF the
Illinois Legislature approved March 18th,
1874, which provides: THAT ii shalt not
be cause of challenge that a juror has
read in the newspapers an account OF the
commission of the crime with which the
prisoner is charged, if such Juror shall
state on oath that he believes be can rem
der an impartial verdict according to the
law and the evidence" and which also
provides that in the trial of any
criminal cause, the fact that
q person called as Juror has formed an
opinion or impression based upon rumor
or upon newspaper statements (about the
truth Of which has expressed no opinion)
shall not dIsqualify him to serve as a Juror
in such case if he shall upon oath state
that he believes that be can fairly and i'm
partially render verdict therein, in &C
cordance with the law and evidence aud
the court shall be satisfied of the truth OF
such statement
at appears on record, said Mr.. Pryor,
"that this statute was called in question in
the trial court as repugDant to the provis-
ions both Of the Federal constitution aud
of the constitution of the State of Illinois,
but the court affirmed its constitutionalitv
upon the authority OF decisions of the ILL.
nois Supreme Court, and the latter after
ward sustained the judgment. Mr.. Pryor
then read extracts from the record to
show that among the talesmen in the trial
court there were men who admitted they
had read newspapers and formed an opin.
ion with regard to their case and wers
therefore partial.
Mr.. Justice Miller-"Was any one OF thC
jurors shown to have lead newspaper &C
counts, formed an opinion, ETC., as you
describep'
Mr. Pryor related that any man was &C
cepted as a Juror, Notwithstanding the
fact that be had formed an opinion; IL hs
n hat he - Ill